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CITY OF NEWTON PURCHASING DEPARTMENT

CONTRACT FOR THE NEWTON PUBLIC SCHOOLS

PROJECT MANUAL : SUPPLY, DELIVER, & INSTALL UNIVERSAL PAPER TOWEL &

TOILET PAPER DISPENSERS WITH CUSTODIAL PAPER SUPPLIES TO NEWTON PUBLIC SCHOOLS

INVITATION FOR BID #16-91

Bid Opening Date: May 5, 2016 at 10:00 a.m.

APRIL 2016

Setti D. Warren, Mayor

Project Manual #16-91 – NPS – Supply & Deliver Universal Paper Towel and Toilet Paper Dispensers with Custodial Paper Supplies

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CITY OF NEWTON

PURCHASING DEPARTMENT

INVITATION FOR BID #16-91

The City of Newton (City) invites sealed bids in accordance with M.G.L. c.30B from Contractors for:

SUPPLY, DELIVER, & INSTALL UNIVERSAL PAPER TOWEL AND TOILET PAPER DISPENSERS WITH CUSTODIAL PAPER SUPPLIES TO NEWTON PUBLIC SCHOOLS

Bids will be received until: 10:00 a.m., Thursday, May 5, 2016at the Purchasing Department, Room 201, Newton City Hall, 1000 Commonwealth Avenue, Newton, MA 02459. Bids will not be accepted nor may submitted bids be corrected, modified or withdrawn after the deadline for bids. Following the deadline for bids, all bids received within the time specified will be publicly opened and read aloud.

Contract Documents will be available on line at www.newtonma.gov/bids. or for pickup at Newton City Hall, Room 201, Purchasing Department, 1000 Commonwealth Avenue, Newton Centre, MA 02459 after 10:00 a.m., April 21, 2016.

There will be no charge for contract documents. Bid surety is not required with this bid.

Award will be made to the lowest, responsible, and responsive bidder by category total.

This will be a one-time purchase for inside delivery and installation of universal toilet paper and paper towel dispensers on or before Monday, August 15th, 2016. In addition, NPS will commit to a three (3) year fixed-price contract for the purchase of paper towel and toilet paper supplies that will fit the proposed dispensers. The Contractor will receive a Purchase Order for the awarded dispenser(s). Contractor will receive annual (or other periodic) Purchase Orders for custodial paper based on estimated need. The Contractor will agree to hold all prices for the custodial paper awarded for the full three (3) years of the contract. Exceptions are only allowed if authorized by the Newton Public Schools’ Purchasing Department.The dollar value of the contract may be increased in accordance with M.G.L. c.30B, §13 by an amount not more than twenty five percent (25%) of the contract total.

All bids are subject to the provisions of M.G.L. c.30B. F.O.B. Destination inside designated department, Newton, MA.

All bids shall be submitted as one (1) ORIGINAL and two (2) COPIES.

All City bids are available on the City’s web site atwww.newtonma.gov/bid. It is the sole responsibility of the contractor downloading these bids to ensure they have received any and all addenda prior to the bid opening.

Addenda will be available online within the original bid document as well as a separate file. If you download bids from the internet site and would like to make it known that your company has done so, you may fax the Purchasing Department (617) 796- 1227 or email to [email protected] with your NAME, ADDRESS, PHONE, FAX AND INVITATION FOR BID NUMBER.

The City will reject any and all bids in accordance with the above referenced General Laws. In addition, the City reserves the right to waive minor informalities in any or all bids, or to reject any or all bids (in whole or in part) if it be in the public interest to do so.

In the event that any person wishes to attend a bid opening or pre-bid meeting, accessible and reasonable accommodations will be provided to person(s) requiring assistance. If you need a reasonable accommodation, please contact the City of Newton’s ADA Coordinator, Jini Fairley, at least two business days in advance of the meeting: [email protected] or (617) 796-1253. For Telecommunications Relay Services, please dial 711.

CITY OF NEWTON

Nicholas ReadChief Procurement OfficerApril 21, 2016


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CITY OF NEWTON

DEPARTMENT OF PURCHASING

INSTRUCTIONS TO BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder (hereinafter called the "Bidder") by making a bid (hereinafter called "bid") represents that:

1. The Bidder has read and understands the Contract Documents and the bid is made in accordance therewith.

2. The Bidder has had the opportunity to visit the installation sites and is familiar with the local conditions under which the work has to be performed.

1.2 Failure to so examine the Contract Documents and installation sites will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 2 - REQUEST FOR INTERPRETATION

2.1 Bidders shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

2.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Chief Procurement Officer, at [email protected] or via facsimile (617) 796-1227. The City will only answer such requests if received by Friday, April 29, 2016 at 12:00 noon.

2.3 Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the Contract Documents. The City will not be held accountable for any oral communication.

2.4 Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents.

2.5 Copies of addenda will be made available for inspection at the location listed in the Invitation for Bids where Contract Documents are on file, in addition to being available online at www.newtonma.gov/bids.

2.6 Bidders or proposers contacting ANY CITY EMPLOYEE regarding an Invitation for Bid (IFB) or a Request for Proposal (RFP), outside of the Purchasing Department, once an IFB or RFP has been released, may be disqualified from the procurement process.

2.7 Bidders downloading information off the internet web site are solely responsible for obtaining any addenda prior to the bid opening. If the bidder makes itself known to the Purchasing Department, at [email protected] or via facsimile (617) 796-1227, it shall be placed on the bidder’s list. Bidders must provide the Purchasing Department with their company’s name, street address, city, state, zip, phone, fax, email address and INVITATION FOR BID #16-91.

ARTICLE 3 - MBE PARTICIPATION

3.1 Notice is hereby given that the Mayor’s Affirmative Action Plan for the City of Newton in effect at the time of this solicitation is applicable to all construction contracts in excess of $10,000.00.

3.2 Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan and the Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program in effect at the time of this solicitation are applicable to all City contracts for goods and services in excess of $50,000.00.

3.3 Copies of the Plans and Program referred to in Sections 3.1 and 3.2 are available at: www.newtonma.gov/purchasing.


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ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Bids shall be submitted on the "Bid Form #16-91," attached.

4.2 All entries on the Bid Form shall be made by typewriter or in ink.

4.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control.

4.4 The Bid shall be enclosed in a sealed envelope with the following plainly marked on the outside:

* GENERAL BID FOR: #16-91

* NAME OF PROJECT: Supply, Deliver and Install Universal Paper Towel and Toilet Paper Dispensers with Custodial Paper Supplies

* BIDDER'S NAME, BUSINESS ADDRESS, AND PHONE NUMBER

4.5 Date and time for receipt of bids is set forth in the IFB.

4.6 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder. In the event that Newton City Hall is closed on the date or at the time that bids are due, the date and time for receipt of bids shall be on the next business day following that the Newton City Hall is open.

4.7 Bids shall be submitted with one original and two copies.

4.8 Be advised that a new Massachusetts law has been enacted that required all employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004, which became effective July 1, 2006.

1. This requirement will apply to any general bid or sub bid submitted.2. This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any contractor

who is in violation to this requirement and to restrain the performance of these contracts by non-complying contractors.3. The contractor and all subcontractors on this project will be required to provide certification of compliance with this

requirement. Non-compliance with this law will disqualify you from bidding on public contracts.

ARTICLE 5 - ALTERNATES

5.1 Each Bidder shall acknowledge alternates (if any) in Section C on the Bid Form.

5.2 In the event an alternate does not involve a change in the amount of the base bid, the Bidder shall so indicated by writing "No Change", or "N/C" or "0" in the space provided for that alternate.

5.3 Bidders shall enter on the Bid Form a single amount for each alternate which shall consist of the amount for work performed by the Contractor.

5.4 The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.


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ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Any bid may be withdrawn prior to the time designated for receipt of bids on written or telegraphic request. Telegraphic withdrawal of bids must be confirmed over the Bidder's signature by written notice postmarked on or before the date and time set for receipt of bids.

6.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

6.3 No bids may be withdrawn within sixty days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

ARTICLE 7 - CONTRACT AWARD

7.1 The City is soliciting prices for toilet paper and toilet paper dispensers (Category A) and for paper towels and paper towel dispensers (Category B). One or more contracts will be awarded to the responsive and responsible Bidder offering the lowest price in each Category. One contract will be awarded if a single Bidder offers the lowest price in both Categories. The City will award the contract(s) to the lowest responsive and responsible Bidder within sixty (60) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

7.2 The City reserves the right to waive any informalities in or to reject any or all Bids if it be in the public interest to do so.

7.3 The City reserves the right to reject any bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer.

7.4 As used herein, the term "lowest responsive and responsible Bidder" shall mean the Bidder (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the invitation for bids; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B of chapter twenty-nine apply, shall have been determined to be qualified thereunder.

7.5 Subsequent to the award and within five (5) days, Saturday, Sundays and legal holidays excluded, after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City a contract in the form included in the Contract Documents in such number of counterparts as the City may require.

7.6 In the event that the City receives low bids in identical amount from two or more responsive and responsible Bidders, the City shall select the successful Bidder by a blind selection process such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process.

ARTICLE 8 - TAXES

8.1 The Bidder shall not include in this bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

8.2 The City is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its bid. The City’s exemption Number is E-046-001-404.

ARTICLE 9 – PROPRIETARY SPECIFICATIONS

9.1 The City may have used a proprietary specification to describe the supply for which is soliciting bids. Such specifications are permitted under M.G.L. c. 30B, §14, provided that the Chief Procurement Officer has prepared a written statement that no other manner of description suffices and the justification therefor.

9.2 The required determination and justification have been duly prepared, and a copy may be requested in accordance with the Massachusetts Public Records Law, M.G.L. c. 66, §10.


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ARTICLE 10 – ENVIRONMENTALLY PREFERABLE PRODUCTS

10.1 The City encourages environmentally preferable products, i.e., products or services that have less negative or more positive effects on human health and the environment when compared with competing products or services that serve the same purpose. The city encourages bidders to describe, in the space provided on the Bid Form, the environmental attributes of its goods or services throughout the entire life-cycle, including manufacture, use and disposition. This information may include multiple environmental considerations such as natural resource use, recycled content, energy and water efficiency, greenhouse gas emissions, impact on climate change, packaging, hazardous material use, and health and safety impacts on workers, consumers and the community. If you do not currently assess such attributes, please indicate that. However you respond, the City will not take your information into account in evaluating bid proposals.

10.2 Bidders are encouraged also to provide information related to steps they take internally to (a) identify any positive or negative environmental attributes of products or services they offer, as specified above, and (b) insure that those attributes are being addressed as part of operations.

END OF SECTION


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CITY OF NEWTON

DEPARTMENT OF PURCHASING BID FORM #16-91

A. The undersigned proposes to furnish all labor, materials, tools, equipment, transportation and supervision required to perform all work in accordance with the Project Manual prepared by the City entitled:

SUPPLY & DELIVER UNIVERSAL PAPER TOWEL AND TOILET PAPER DISPENSERS WITH CUSTODIAL PAPER SUPPLIES TO NEWTON PUBLIC SCHOOLS

B. This bid includes addenda number(s) , , , ,

C. The contract price(s) will be:

NPS – Custodial Dispensers and Paper Supplies Paper totals are estimated for three (3) years.

CATEGORY A – TOILET PAPER DISPENSERS AND TOILET PAPER SUPPLIES

DESCRIPTION UNIT UNIT PRICEEST. QTY1 TOTAL COST

BRAND NAME, PRODUCT # & DETAILED SPECS

LINE 01TOILET PAPER DISPENSER, UNIVERSAL. MODEL MUST FIT PRODUCTS FROM AT LEAST THREE DIFFERENT MANUFACTURERS. SOFIDEL CONFIDENCE MINI TWIN JUMBO TISSUE DISPENSER 7" ITEM #410262 OR APPROVED EQUAL. MUST INCLUDE INSTALLATION BY AUGUST 15th, 2016IF BIDDING AN APPROVED EQUAL PLEASE PROVIDE A SAMPLE WITH BID.

EACH $ 1100 $

LINE 02TOILET PAPER: DOUBLE PLY. WHITE 100% RECYCLED.APPROXIMATE SIZE = 750' x 3.5" PER ROLL. MUST BE GREEN SEAL CERTIFIED. MINIMUM CASE WEIGHT 15 LBS. MINIMUM MACHINE DIRECTION DRY TENSILE STRENGTH 350, MINIMUM CROSS DIRECTION DRY TENSILE STRENGTH 100. PRODUCT MUST FIT MODEL OF DISPENSER VENDOR HAS BID ON ABOVE. PLEASE PROVIDE A SAMPLE WITH BID. THREE DELIVERIES PER YEAR IN JULY, OCTOBER, AND FEBRUARY EACH YEAR

CASE/36 ROLLS

$ *Per case/36 rolls

$ *Square inch price

3200

3 year est. total

$

CATEGORY A TOTAL (Add lines 01 & 02) = $

and $ (Written word Grand Total) (Numerical)

1 This bid is based on estimated quantities; they are the City’s best estimate based on prior experience. Actual quantities may be more or less than those estimated. Regardless of the amount of the actual quantities, the unit price(s) shall be that set forth in this Bid Form.


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CATEGORY B - PAPER TOWEL DISPENSER S AND PAPER TOWEL SUPPLIES

DESCRIPTION UNIT UNIT PRICEEST. QTY TOTAL COST

BRAND NAME, PRODUCT # & DETAILED SPECS

LINE 03MECHANICAL ROLL PAPER TOWEL DISPENSER. MODEL MUST FIT PRODUCTS FROM AT LEAST THREE DIFFERENT MANUFACTURERS. SOFIDEL CONFIDENCE NO-TOUCH MECHANICAL ROLL TOWEL DISPENSER 7.6" ITEM #410262 OR APPROVEDEQUAL. MUST INCLUDE INSTALLATION BY AUGUST 15th, 2016. IF BIDDING AN APPROVED EQUAL PLEASE PROVIDE A SAMPLE WITH BID.

EACH $ 1200 $

LINE 04PAPER TOWEL ROLL: NATURAL 100% RECYCLED, APPROXIMATE SIZE = 8" x 800' PER ROLL. ROLL DIAMETER 7.5". MUST BE GREEN SEAL CERTIFIED. MINIMUM CASE WEIGHT 25 LBS. MINIMUM MACHINE DIRECTION DRY TENSILE STRENGTH 1700, MINIMUM CROSS DIRECTION DRY TENSILE STRENGTH 600.PRODUCT MUST FIT MODEL OF DISPENSER VENDOR HAS BID ON ABOVE. PLEASE PROVIDE A SAMPLE WITH BID. THREE DELIVERIES PER YEAR IN JULY, OCTOBER, AND FEBRUARY EACH YEAR

CASE/6 ROLLS

$ *Per case/6 rolls


6200

3 year est. total

$

LINE 05WHITE PAPER TOWEL ROLL: 100% RECYCLED, APPROXIMATE SIZE = 8" x 800' PER ROLL. ROLL DIAMETER 7.5". MUST BE GREEN SEAL CERTIFIED. MINIMUM CASE WEIGHT 25 LBS. MINIMUM MACHINE DIRECTION DRY TENSILE STRENGTH 1700, MINIMUM CROSS DIRECTION DRY TENSILE STRENGTH 600. PRODUCT MUST FIT MODEL OF DISPENSER VENDOR HAS BID ON ABOVE. DELIVER TO ED CENTER ONLY. PLEASE PROVIDE A SAMPLE WITH BID. THREE DELIVERIES PER YEAR IN JULY, OCTOBER, AND FEBRUARY EACH YEAR

CASE/6 ROLLS

$ *Per case/6 rolls


_

225

3 year est. total

$

CATEGORY B TOTAL (Add lines 03, 04 & 05) = $

and $ (Written word Grand Total) (Numerical)

COMPANY NAME

D. Prompt Payment Discounts. Bidders are encouraged to offer discounts in exchange for an expedited payment. Payments may be issued earlier than the general goal of within 30 days of receipt of the invoice only when in exchange for discounted prices. Discounts will not be considered in determining the lowest responsible bidder.

Prompt Payment Discount %_ Days Prompt Payment Discount_ %_ Days Prompt Payment Discount %_ Days


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E. The undersigned has completed and submits herewith the following documents:

Signed Bid Form, 3 pages Bidder’s Qualifications and References Form, 2 pages Certificate of Non-Collusion, 1 page Debarment Letter, 1 page IRS W-9 Form, 1 page Contact List by School, 2 pages

F. The undersigned agrees that, if selected as general contractor, s/he will within five days (Saturdays, Sundays and legal holidays excluded) after presentation thereof by the City, execute a contract in accordance with the terms of this bid.

The undersigned hereby certifies that it will comply fully with all laws and regulations applicable to awards made subject to M.G.L. c.30B.

The undersigned further certifies under the penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from public contracting or subcontracting in the Commonwealth under the provisions of M.G.L. c.29, §29F or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

G. Environmentally preferable products information (which is requested but which will not be considered in awarding a contract):

Description of environmental attributes of Bidder’s goods or services:

Steps taken to (a) identify any positive or negative environmental attributes of products or services and (b) insure that those attributes are being addressed as part of operations:

Date

(Name of General Bidder)

BY:

(Printed Name and Title of Signatory)

(Business Address)

(City, State Zip)

/_ (Telephone) (FAX)

(E-mail Address)

NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; if an individual, give residential address if


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different from business address; and, if operating as a d/b/a give full legal identity. Attach additional pages as necessary.

END OF SECTION


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CITY OF NEWTON

BIDDER'S QUALIFICATIONS AND REFERENCES FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME:

2. WHEN ORGANIZED:

3 INCORPORATED? YES NO DATE AND STATE OF INCORPORATION:

4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO or MWBE? YES NO

* 5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED DATE OFCOMPLETION:

* 6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU? YES NO IF YES, WHERE AND WHY?

* 7. HAVE YOU EVER DEFAULTED ON A CONTRACT?

IF YES, PROVIDE DETAILS.

YES NO

* 8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:


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* 9. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF FOUR (4) CONTRACTS SHALL BE LISTED. PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY.

PROJECT NAME: OWNER: CITY/STATE:


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DOLLAR AMOUNT: $ PUBLICLY BID? YES NO

DATE COMPLETED:

TYPE OF WORK?: CONTACT PERSON:

TELEPHONE #: )

CONTACT PERSON'S RELATION TO PROJECT?: (i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: OWNER: CITY/STATE: DOLLAR AMOUNT: $ PUBLICLY BID?TYPE OF WORK?:

YESDATE COMPLETED:

NOCONTACT PERSON:CONTACT PERSON'S RELATION TO PROJECT?:

TELEPHONE #: ( )

(i.e., contract manager, purchasing agent, etc.)


YESDATE COMPLETED:

NOCONTACT PERSON:_CONTACT PERSON'S RELATION TO PROJECT?:_

TELEPHONE #: ( )



YESDATE COMPLETED:

NOCONTACT PERSON:CONTACT PERSON'S RELATION TO PROJECT?:

TELEPHONE #:( )


10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this statement of Bidder's qualifications and experience.

DATE:

BIDDER:

SIGNATURE:


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PRINTED NAME: TITLE:

END OF SECTION


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CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee club, or other organization, entity, or group or individuals.

(Signature of individual)

Name of Business


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City of Newton

Mayor Setti D. Warren

Purchasing DepartmentNicholas ReadChief Procurement

Officer1000 Commonwealth Avenue

Newton Centre, MA 02459-1449 [email protected]

Telephone (617) 796-1220

Fax: (617) 796-1227

TDD/TTY (617) 796-1089

Date

Vendor

Re: Debarment Letter for Invitation For Bid #16-91

As a potential vendor on the above contract, the City requires that you provide a debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form.

Debarment:Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

(Name) (Company)_ (Address)

(Address) PHONE FAX

EMAIL

Signature

Date

.If you have questions, please contact Nicholas Read, Chief Procurement Officer at (617) 796-1220.

X

Name


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CITY OF NEWTON, MASSACHUSETTS

PURCHASING DEPARTMENT

GENERAL TERMS AND CONDITIONS

1. The right is reserved to reject any and all bids, to waive minor informalities, and to make award as may be determined to be inthe best interest of the City of Newton.

2. Prices quoted must include delivery to the City , as specified on the Work Order.

3. No charges will be allowed for packing, crating, freight, Express or cartage unless specifically stated and included in the bid.

4. The award to the successful bidder may be canceled if successful bidder shall fail to prosecute the work with promptness and diligence.

5. Time in connection with discount offered will be computed from the date of delivery to the City, as specified on Work Order, or from date correct invoice is received by the City, if the latter date is later than the date of delivery.

6. The sucessful bidder shall replace, repair or make good, without cost to the City, any defects or faults arising within one (1) year after date of acceptance of articles furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect or defective work done or materials furnished by the Sellor.

7. The Contractor shall indemnify and save harmless the City and all persons acting for on behalf of it from all suits and claims against them, or any of them, arising from or occasioned by the use of any material, equipment or apparatus, or any part thereof, which infringes or is alleged to infringe on any patent rights. In case such material, equipment or apparatus, or any part thereof, in any such suit is held to constitute infringement, the Contractor, within a reasonable time, will at it's expense, and as the City may elect, replace such material, equipment or apparatus with non-infringing material, equipment or apparatus, or remove the material, equipment or apparatus, and refund the sums paid therefor.

8. The successful bidder shall comply with all applicable Federal State and Local laws and regulations.

9. Purchases made by the City are exempt from Federal excise taxes and bid prices must exclude any such taxes. Tax exemption certificates will be furnished upon request.

10. If so stated in the Invitation For Bid the successful bidder will be required to furnish a performance and/or a labor and material payment bond, in an amount, in a form and with a surety satisfactory to the City. The bidder shall be responsible for the cost of the bond(s).

11. If the Invitation for Bids requires bid surety, this surety shall be in the form of a cash, bid bond, cahsier’s check, treasurer’s check, or certified check on a responsible bank, payable to the City of Newton, and must be filed with the original bid in the Office of the Purchasing Agent. Failure to do so will lead to rejection of bid. The bid surety will be returned to the sucessful bidder within seven (7) days execution of awarded, and approval by the City of performance and/or payment bond(s). The bid surety covers the City for damages when a bidder withdraws its bid after the bid submission date. Be advised that to the extent permitted by the law, the City will retain all bid deposits for withdrawn bids.

12. Verbal orders are not binding on the City and deliveries made or work done without formal Work Order or Contract are at the risk of the Contractor and may result in an unenforceable claim.

13. The Contractor shall agree to indemnify, defend and hold the City harmless from any and all claims arising out of the performance of this contract.

14. "Equal” - An item equal to that named or described in the specifications of the contract may be furnished by the Contractor and the naming of any commercial name, trademark or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting competition but shall establish a standard of equality only. An item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength and design; (2) it will perform at least equally the function imposed by the general design for the work being contracted for or the material being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the specifications. The name and identification of all materials other than the one specifically named shall be submitted to the City in writing for approval, prior to purchase, use or fabrication of such items. Subject to the provisions of M.G.L., Ch. 30,


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Sec. 39J, approval shall be at the sole discretion of the City, shall be in writing to be effective, and the decision of the City shall be final. The City may require tests of all materials so submitted to establish quality standards at the Contractor's expense. All directions, specifications and recommendations by manufacturers for installation, handling, storing, adjustment and operation of their equipment shall be complied with; responsibility for proper performance shall continue to rest with the Contractor.

For the use of material other than the one specified, the Contractor shall assume the cost of and responsibility for satisfactorily accomplishing all changes in the work as shown. If no manufacturer is named, the Contractor shall submit the product he intends to use for approval of the City.

Except as otherwise provided for by the provisions of M.G.L., Ch. 30, Sec. 39J, the Contractor shall not have any right of appeal from the decision of the City condemning any materials furnished if the Contractor fails to obtain the approval for substitution under this clause. If any substitution is more costly, the Contractor shall pay for such costs."

15. Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan dated December 1999 is applicable to all City of Newton contracts for materials and supplies. A copy of this plan may be obtained from the Purchasing Department.

16. Right To Know:

Any Contractor who receives an order or orders resulting from this invitation agrees to submit a Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance, pursuant to M.G.L., Ch. 111F, SS8, 9 and 10 and the regulations contained in 441 CMR SS 21.06 when deliveries are made. The Contractor agrees to deliver all containers properly labeled pursuant to M.G.L. Ch. 111F, SS 7 and the regulations contained in 441 CMR SS21.05. Failure to submit an MSDS and/or label on each container will place the Contractor in noncompliance with the work order. Failure to furnish MSDSs and/or labels on each container may result in civil or criminal penalties, including bid debarment and action to prevent the Contractor from selling said substances or mixtures containing said substances within the Commonwealth. All Contractors furnishing substances or mixtures subject to Chapter 111F of the M.G.L. are cautioned to obtain and read the law and rules and regulations referred to above. Copies can be obtained from the State House Book Store, Secretary of State, State House, Room 117, Boston, MA 02133, (617-727-2834) for $2.00 plus $.65 postage.

17. INSURANCE REQUIREMENTSThe Contractor shall provide insurance coverage as listed below. This insurance shall be provided at the Contractor's expense and shall be in full force and effect during the full term of this Contract.

WORKER'S COMPENSATION Worker's Compensation: Per M.G.L. c.l49, §34 and c. l52 as amended.

COMMERCIAL GENERAL LIABILITY Personal Injury $500,000 each occurrence

$1,000,000 aggregateProperty Damage $500,000 each occurrence

$1,000,000 aggregateVEHICLE LIABILITY Personal Injury $500,000 each person

$1,000,000 aggregateProperty Damage $300,000 each occurrence

$500,000 aggregrate

The City shall be named as additional insureds on the Contractor's Liability Policies.

The Contractor shall not commence the work until proof of compliance with this has been furnished to the City by submitting one copy of a properly endorsed insurance certificate issued by a company authorized to write insurance in the Commonwealth. This certificate shall indicate that the contractual liability coverage is in force. The Contractor shall file the original and one certified copy of all policies with the City within ten (10) days after contract award. If the City is damaged by the Contractor's failure to maintain such insurance and to so notify the City, then the Contractor shall be responsible for all reasonable costs attributable thereto.

Cancellation of any insurance required by this contract, whether by the insurer or the insured, shall not be valid unless


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written notice thereof is given by the party proposing cancellation to the other party and City at least thirty days prior to the effective date thereof, which shall be expressed in said notice.

FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS COULD RESULT IN THE CANCELLATION OF YOUR CONTRACT.

END OF SECTION


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SCOPE OF SERVICES

NEWTON PUBLIC SCHOOLS UNIVERSAL DISPENSERS AND CUSTODIAL PAPER

1.1 Scope1.2 Newton Public Schools is exploring alternatives and accepting bids for universal toilet paper and paper

towel dispensers and accompanying custodial paper as per the bid list attached. Proposed dispensers must fit products from at least three (3) different manufacturers. Custodial paper must be 100% recycled content and meet all minimum requirements as described on the bid list included in this Project Manual. Custodial paper will be delivered three (3) times a year during the months of July, October, and February with inside delivery to all twenty-three (23) school buildings. Dispensers must be delivered and installed by August 15, 2016. All bids must be submitted in the manner and form prescribed by the Specifications which control award of the contract(s). Bid award will be made to the lowest responsive and responsible bidder based on category total.

1.3 Quantities specified are based on a census taken by Newton Public Schools. Newton Public Schools reserves the right to increase or decrease quantities to be ordered within the time limits set forth in the bid, but no increase shall exceed twenty five percent (25%) of the total contract price. Bids must remain in effect a minimum of sixty (60) days after the bid opening.

1.4 All prices shall be F.O.B. Destination inside delivery to 23 school buildings all located within the City of Newton.

2.1 Description and Quality

2.2 When the bidder does not state the brand, it is understood that the offer is exactly as specified. Final decisions concerning the quality of items, other than those specifically designated, is to rest with the Newton Public Schools whose determination shall be final and conclusive. Vendors shall guarantee quality control of all goods at no additional cost to the City. Samples shall be furnished free-of-charge upon request and may be retained for future comparisons. Samples and literature must be provided within three(3) days after the request.

2.3 Newton Public Schools encourages environmentally preferable products, i.e., products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product or service: 1) emphasis on multiple environmental considerations such as recycled content, energy and water efficiency, renewable resource use and toxicity considerations rather than any single environmental feature; 2) evaluation of environmental impacts throughout the life cycle of the product which includes impacts during the manufacture, use and disposal of the product; and 3) recognition of cost and performance remain critical factors in all purchasing decisions. All products must be latex free and nut free.

2.4 Material Safety Data Sheets, if required, must be forwarded to the Purchasing Department, Newton Public Schools, 100 Walnut Street, Newtonville, MA 02460 within thirty (30) days after the bid award. All products must be properly labeled with the product name, manufacturer’s name, address and emergency telephone number, ingredients, cautions, warnings, hazard rating and first aid.


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3.1 Delivery

3.2 All packages, cartons, or other containers must be clearly marked with a) the school designation, b) a packing slip with contents or item number from specifications, c) the number of boxes on shipment, d) the purchase order number and e) the vendor's name and order number.

3.3 Deliveries shall be made to approximately twenty-three (23) schools as per the bid award schedule. All deliveries shall be made to the inside of the buildings and contractors are cautioned to notify their shipping contractors that adequate assistance must be provided at the point of delivery. No sidewalk deliveries will be accepted.

3.4 Deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. Forty- eight (48) hours’ notice of delivery is required by contacting Support Services at 617-559-9005. Newton Public Schools shall not be responsible for deliveries that cannot be made because notice was not received in time.

3.5 Deliveries are to be completed within thirty (30) calendar days after receipt of the order unless otherwise indicated or notified by the Contractor and approved in writing by the Coordinator of Purchasing, Newton Public Schools. All items are to be a one time delivery.

4.1 Payment

4.2 Invoices shall be billed to Accounts Payable, Newton Public Schools, 100 Walnut Street, Newtonville, Massachusetts 02460.

4.3 Invoices must be in duplicate, by department, including the a) purchase order number, b) department name, c) item number, d) quantities, e) description, f) unit price and g) totals.

END OF SECTION


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FY 2016 CONTACT LIST BY SCHOOL

Required services are estimates only. The City makes no guarantees as to services actually procured. Prices bid shall include inside delivery as indicated within the scope of this bid.

MUST include manufacturer’s brand name, product # and unit size with bid.School Address Bursar Secretary Custodian*Education Center 617-559-9050Angier Elementary617-559-9300 fax: 559-2014Bowen Elementary

617-559-9330 fax: 552-7363Burr Elementary617-559-9360 fax: 552-5562Cabot Elementary

617-559-9400 fax: 552-5584Countryside Elementary

617-559-9450 fax: 552-5583Franklin Elementary

617-559-9500 fax: 552-5521Horace Mann Elementary

617-559-9510 fax: 559-2004Lincoln-Eliot Elementary

617-559-9540 fax: 552-5558Mason-Rice Elementary

617-559-9570 fax: 552-7315Memorial-Spaulding Elem.

617-559-9600 fax: 552-7944Peirce Elementary

617-559-9630 fax: 552-7318Underwood Elementary

617-559-9660 fax: 552-5552Ward Elementary

617-559-6450 fax: 552-5563Williams Elementary

617-559-6480 fax: 559-2013Zervas Elementary (at Carr)

617-559-6750 fax: 559-2014Bigelow Middle

617-559-6800 fax: 552-7752Brown Middle

617-559-6900 fax: 552-7729Day Middle

617-559-9100 fax: 559-9103Oak Hill Middle

617-559-9200 fax: 552-5547

100 Walnut StreetNewtonville, MA 024601697 Beacon StreetWaban, MA 02468280 Cypress Street Newton Ctr., MA 02459 171 Pine StreetAuburndale, MA 02466229 Cabot StreetNewtonville, MA 02460191 Dedham St.Newton Highlands, MA02461 125 Derby StreetWest Newton, MA 02465687 Watertown StreetNewtonville, MA 02460191 Pearl StreetNewton, MA 02458149 Pleasant St.Newton Ctr., MA 02459 250 Brookline Street Newton Centre, MA 02459 170 Temple St.West Newton, MA 02465 101 Vernon St.Newton Corner, MA 02458 10 Dolphin Rd.Newton Centre, MA 02459 141 Grove StreetAuburndale, MA 02466225 Nevada StreetNewtonville, MA 0246042 Vernon StreetNewton, MA 02458125 Meadowbrook Rd. Newton Centre, MA 02459 21 Minot PlaceNewtonville, MA 02460130 Wheeler Rd.Newton Centre, MA 02459

Alyssa BaringerX 9050

Terry GlionnaX 9303

Deborah Megrian X 9332

Maura AlbanoX 9362

Sydney BaliseX 9400

Dolly WallaceX 9454

Donna Mc Lou ghlin X9482

Rose MarianoX 9512

Jena RossiX 9540

Kathy RinnX 9572

Francie Sheehan X 9602

Ginette DeSantis X 9632

Carol StoneX 9660

Susan Tempesta X 6450

Jennifer Newberg X 6482

Anne Hadley X 6750

Linda Anderson X 6813Linda Depasquale X 6902Francisca Borders X 9120Catrina Walsh X 9205

John Conway 9012/ 617-908-1329Rick McElroy 9311/ 617-212-4047Mark Pagliaro 9342/ 617-212-4188Jack Tobin9366/ 617-212-8701Ron Luce9413/ 617-212-1177Mark Repta 9458/617-212-0676Bill Pepicell i 9486/ 617-212-0931Peter Greene9516/ 617-212-2068Jay Shippie9546/ 617-212-2386Artie Coffey9579/ 617-212-2503John Mitchell 9607/ 617-212-2606Jose’ Filomeno 9637/ 617-201-9058Charles Tarabelli 9667/ 617-201-9110Doug David6454/ 617-201-9315Scott Perella6485/ 617-201-6281Ed Boles6757/ 617-201-6474Tim Curry6832/ 617-201-6507Ken Donovan, Jr. 6910/617-201-6548John Carvelli 9136/ 617-201-6572Bob Fleming9216/ 617-201-6597

Newton North High617-559-6200 fax: 559-6204

457 Walnut StreetNewtonville, MA 02460

Suzanne Spirito x 6203 Tim Keefe6425/ 617-201-6621

Newton South High617-559-6500 fax: 559-6701

Aquinas Pre-School 617-559-6050

140 Brandeis Road Newton Centre, MA 02459 15 Walnut ParkNewton, MA

Laura Gaspari X 6512Cynthia Curtis X 6050

Dave Murphy 6523/ 617-908-1251 TBD

IMPORTANT: Award will be made to the lowest responsive and responsible bidder based on category total.

*If an alternate item is being proposed, the bidder shall so indicate by providing a full description of the proposed substitute as well as provide data sheets, catalog cuts, performance and test data, and any other information which will support or otherwise prove equality; such proof rests entirely with the bidder. If the alternate product information (listed above) is not provided at the time of the bid the bidder may be deemed non responsive.

Deliveries to all 23 schools is required within 30 calendar days upon receipt of the awarded Purchase Order unless otherwise specified.


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Signature: Date:

Name: Title:

Company: Telephone: Fax:

Address: City: State: Zip:

E-mail

END OF SECTION


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CONTRACT FORMS

The awarded bidder will be required to complete and submit documents substantially similar in form to the following.

These forms may need to be modified on account of changed circumstances, and are provided for informational purposes only.


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CITY - CONTRACTOR AGREEMENT

CONTRACT NO. C-

THIS AGREEMENT made this day of in the year Two Thousand and Sixteen by and between the CITY OF NEWTON, a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as the CITY, acting through its Chief Procurement Officer, but without personal liability to him, and

hereinafter referred to as the CONTRACTOR.

The parties hereto for the considerations hereinafter set forth agree as follows:

I. SCOPE OF WORK. The Contractor agrees to furnish and to deliver to the City at such times, at such place or places, in such manner, and in such quantities as the City may direct, and at the unit prices quoted in the Contractor's bid the following item or items:

SUPPLY, DELIVER AND INSTALL UNIVERSAL PAPER TOWEL AND TOILET PAPER DISPENSERS WITH CUSTODIAL PAPER

SUPPLIES

II. CONTRACT DOCUMENTS. The Contract Documents consist of the following documents which are either attached to this Agreement or are incorporated herein by reference:

a. This CITY-CONTRACTOR Agreement;

b. The City's Invitation For Bid #16-91 issued by the Purchasing Department;

c. The Project Manual for Supply, Deliver and Install Universal Paper Towel and Toilet Paper Dispensers with Custodial Paper Supplies including Specifications, and if included or referenced therein, any Standard Terms and Conditions, Special Conditions, Wage Rate Requirements, Wage Rate Schedule(s);

d. Addenda Number(s) ;

e. The Bid Response of the CONTRACTOR submitted for this Project and accompanying documents and certifications;

f. Certificate(s) of Insurance and surety bond(s), if any, submitted by the CONTRACTOR in connection with this Project;

g. Duly authorized and executed Amendments, Change Orders or Work Orders issued by the CITY after execution of this CITY-CONTRACTOR Agreement.

This CITY-CONTRACTOR Agreement, together with the other documents enumerated in this Article, constitute the entire Agreement between the CITY and the CONTRACTOR. The CONTRACTOR represents that its bid was made without condition, qualification or reservation of any kind, except upon the written acknowledgement and consent of the CITY.

III. PRIORITY OF DOCUMENTS. In the event of inconsistency between the terms of this CITY -CONTRACTOR Agreement and the Project Manual, the terms of this Agreement shall prevail.

IV. APPLICABLE STATUTES. All applicable federal, state and local laws and regulations are incorporated herein


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by reference and the Contractor agrees to comply with same.


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V. CONTRACT TERM. This will be a one-time purchase for inside delivery and installation of universal toilet paper and paper towel dispensers on or before Monday, August 15th, 2016. In addition, NPS will commit to a three (3) year fixed-price contract for the purchase of paper towel and toilet paper supplies that will fit the proposed dispensers. The Contractor will receive a Purchase Order for the awarded dispenser(s). Contractor will receive annual (or other periodic) Purchase Orders for custodial paper based on estimated need. The Contractor will agree to hold all prices for the custodial paper awarded for the full three (3) years of the contract. Exceptions are only allowed if authorized by the Newton Public Schools’ Purchasing Department. The dollar value of the contract may be increased in accordance withM.G.L. c.30B, §13 by an amount not more than twenty five percent (25%) of the contract total.The quantities specified in the Project Manual are approximate and are based on previous consumption. It is specifically understood the City does not agree to purchase any specific quantity, and purchases will be made to cover actual requirements only. The City may increase or decrease the quantity of any item specified without change in price per unit of quantity as stated in the Contractor’s Bid Response. The dollar value of the contract may, in accordance with M.G.L. c.30B, §13 and with bidder’s consent, be increased, through a written Change Order, by an amount not to exceed twenty five percent (25%) of the contract total.

VI. QUANTITIES. The quantities specified in the Project Manual are approximate and are based on previous consumption. It is specifically understood the City does not agree to purchase any specific quantity, and purchases will be made to cover actual requirements only. The City may increase or decrease the quantity of any item specified without change in price per unit of quantity as stated in the Contractor’s Bid Response.

VII. MATERIALS. The Contractor agrees, unless otherwise specified, that all equipment, materials and supplies furnished under this contract are to be first quality, new and unused.

VIII. AUTHORIZATION OF AND PAYMENT FOR WORK PERFORMED. The execution of this contract does not constitute a notice to proceed or authorization to perform work or make deliveries. No work shall be commenced or deliveries made unless authorized by a written Work Order issued by the City specifying the equipment, materials or supplies to be delivered. The Contractor will be paid following completed delivery and acceptance of the equipment, materials or supplies ordered in accordance with the Contract. The City will use best efforts to pay within thirty (30) days of receipt of an invoice for the delivered equipment, materials or supplies or acceptance of same whichever date is later.

IX. CLAIMS FOR MATERIALS OR LABOR. In the event any claims have been filed with the City for material or labor delivered or performed pursuant to this contract, the City shall be under no obligation to make any payment until such claims are adjusted to the satisfaction of the City. Any and all liens for supplies may be paid off by the City within twenty (20) days after the filing for record as provided by law of a notice of such liens, except where the claim on which the lien is filed is being litigated by the Contractor, and in such case the City may pay the amount of any final judgment or decree on any such claim. All money paid by the City in settlement of liens and claims as aforesaid, with the costs and expenses incurred by the City in connection therewith shall be charged to the Seller, bearing interest at the rate of six percent (6%) per annum, and be deducted from the next payment falling due the Seller under the terms of this contract.

X. UNIT PRICES. It is agreed that the unit prices listed are maximum prices and that the City shall be entitled to take advantage of any decreasing market conditions, decreases to be governed by the manufacturers’ price listing as might be generally adopted in the trade, or by the same percentage that the Seller may reduce prices to others who purchase in similar quantities and under similar conditions.

XI. RESPONSIBILITY FOR THE WORK/INDEMNIFICATION. In the performance of any work, including the delivery of equipment, materials or supplies, pursuant to this Contract, the Contractor shall take all responsibility for the work, and shall take all precautions for preventing injuries to persons and property in or about the work and shall defend, indemnify and hold the City harmless from all loss, cost, damage or expense arising from injuries to persons or property in or about the work. The Contractor shall be responsible for any damage which may be caused by the failure or insufficiency of any temporary works. He shall effectively protect his work and shall be liable for all damage and loss by delay or otherwise caused by his neglect or failure so to do.

XII. WARRANTY. Except as may be otherwise provided in the Project Manual, the Contractor shall replace, repair or make good, without cost to the City, any defects or faults arising within one (1) year after date of acceptance of equipment, materials or supplies furnished hereunder (acceptance not to be unreasonably delayed) resulting from imperfect or defective work done or materials furnished by the Contractor.

XIII. PATENT INDEMNIFICATION. The Contractor agrees to assume the defense of and shall indemnify and save harmless the City and all persons acting for or on behalf of it from all suits and claims against them, or any of them,


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arising from or occasioned by the use of any material, equipment or apparatus, or any part thereof which infringes or is alleged to infringe on any patent rights.


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In case such material, equipment or apparatus, or any part thereof, in any such suit is held to constitute infringement, the Contractor, within a reasonable time, shall at its own expense, and as the City may elect, replace such material, equipment or apparatus with non-infringing material, equipment or apparatus, or remove the material, equipment, or apparatus and refund the sums paid therefor.

XIV. INSPECTION. For the purposes of inspection of the equipment, materials and supplies covered by this contract, the Contractor shall give the City free access to his works and furnish every facility for properly inspecting such equipment, materials and supplies, and shall furnish full information, whenever requested, relating thereto. Approval by any inspector of the City shall not relieve the Contractor from his obligation to comply in all respects with the contract.

XV. ASSIGNMENT/SUB-CONTRACTING. The Contractor agrees that he will not sell, assign or transfer this Contract or any part thereof or interest therein without the prior written consent of the City.

XVI. INSTALLATION. If any of the equipment, materials and supplies covered by this contract is to be installed by either the Contractor or the City, the Contractor shall, upon request of the City, furnish a competent employee to supervise the installation without expense to the City, unless otherwise provided herein. Such supervisor, or other employees furnished by the Contractor, shall be the agents of the Contractor and not of the City, and the Contractor hereby agrees to indemnify the City and hold it harmless from and against any and all loss, costs, damage, and expense sustained as the result of negligence or other conduct on the part of such supervisor or employee.

XVII. TERMINATION. The City of Newton may, by written notice of default to the Contractor, terminate the whole or any part of this Contract or any Work Order issued pursuant thereto in any one of the following circumstances:

a. If the Contractor fails to make delivery of the equipment, goods or supplies or to perform the services within the time specified herein or any extension thereof;

b. If the Contractor fails to perform any of the other provisions of this contract or, if in the opinion of the City, Contractor so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not correct such failure within thirty (30) days (or such longer period as the City may authorize in writing) after receipt of notice from the City specifying such failure.

XVIII. GOVERNING LAW. This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

XIX. SEVERABILITY. The provisions of this Contract are severable. If any section, paragraph, clause or provision of this Contract shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Contract shall be unaffected by such adjudication and all of the remaining provisions of this Contract shall remain in full force and effect as though such section, paragraph, clause or provision, or any part thereof so adjudicated to be invalid, had not been included herein, unless such remaining provisions, standing alone, are incomplete and incapable of being executed in accordance with the intent of the parties to this Contract.

XX. AMENDMENTS TO THIS CONTRACT. This Contract may not be amended except in writing executed in the same manner as this CITY-CONTRACTOR Agreement.

THIS SPACE INTENTIONALLY LEFT BLANK


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IN WITNESS WHEREOF, the parties have caused this instrument to be executed under seal the day and year first above written.

CONTRACTOR CITY OF NEWTON

By

Print Name

Title_

Date

By Chief Procurement Officer

Date

By School

Date

Affix Corporate Seal Here

City funds are available in the following account numbers:

Approved as to Legal Form and Character

98550490-5450 - By 98550490-5523 - Associate City SolicitorI further certify that the Mayor, or his designee,is authorized to execute contracts and approve Date change orders.

By

Comptroller of Accounts

Date

CONTRACT APPROVED

By Mayor or his designee

Date


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CERTIFICATE OF AUTHORITY - CORPORATE

1. I hereby certify that I am the Clerk/Secretary of (insert full name of Corporation)

2. corporation, and that (insert the name of officer who signed the contract and bonds .)

3. is the duly elected (insert the title of the officer in line 2)

4. of said corporation, and that on (insert a date that is ON OR BEFORE the date the officer signed the contract and bonds .)

at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were

present or waived notice, it was voted that

5. the (insert name from line 2) (insert title from line 3)

of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below.

6. ATTEST: AFFIX CORPORATE

(Signature of Clerk or Secretary)* SEAL HERE

7. Name: (Please print or type name in line 6)*

8. Date: (insert a date that is ON OR AFTER the date the

officer signed the contract and bonds .)

* The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.


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CERTIFICATION OF TAX COMPLIANCE

Pursuant to M.G.L. c.62C, §49A and requirements of the City, the undersigned acting on behalf of the Contractor certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.*

**Signature of Individual (Mandatory) *** Contractor's Social Security Number(Voluntary) or Federal Identification Number

Print Name: Date:

OR

Company Name(Corporation, Partnership, LLC, etc.)

By: **Corporate Officer (Mandatory)

Print Name:

Date:

* The provision in this Certification relating to child support applies only when the Contractor is an individual.

** Approval of a contract or other agreement will not be granted until the City receives a signed copy of this Certification.

*** Your social security number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended .